INTRODUCTION
In the Indian legal system, a Notice of Motion (NoM) plays a pivotal role in seeking interim or urgent relief by initiating interlocutory applications within ongoing proceedings. It is a formal document that informs the court and the opposing party of an impending motion, requesting the court to hear and decide a specific application. A party to the proceedings may, subject to the procedural rules of the court, file a notice of motion at any stage of the case, either personally or through legal representation.
The NoM, introduced under colonial-era codes like the CPC, formalises requests beyond the main suit and acts as a procedural safeguard, with Mulla noting it “regulates interlocutory applications to ensure fairness and judicial economy”.[1] Although the CPC does not expressly provide for a NoM, it has evolved through judicial practice. In India, it is governed by Orders VII, XXXIX, XLI and related rules,[2] ensuring notice, affidavits, and hearings for interim applications. It has further developed under Supreme Court[3] and High Court Rules,[4] especially on the Original Side of the Bombay High Court, and is now a well-recognised procedural device.
This blog article examines the significance of a NoM, its uses, purpose, prescribed format, applicable legal requirements, and the procedure for effectively navigating this process in India.
TYPES OF NOTICE OF MOTION
- Ordinary Notice of Motion:
This type of notice is served on the opposing party in advance, allowing them sufficient time to respond. It is listed for hearing on a fixed date and is generally used for routine or non-urgent applications where immediate relief is not required.[5]
- Urgent / Ex Parte Notice of Motion:
An urgent or ex-parte NoM is filed where immediate judicial intervention is necessary and delay would cause serious or irreparable harm. Courts are empowered to grant ad-interim injunctions without notice under Order XXXIX Rules 1 and 3 CPC, subject to recording reasons.[6] Such relief is exceptional and temporary and the opposite party must be heard at the earliest.[7]
USES OF NOTICE OF MOTION
- Civil Cases:
- Filed to seek interim or temporary reliefs such as ad-interim injunctions, stays on proceedings or execution. Courts grant such reliefs through NoM to preserve the subject matter, applying the tests of prima facie case, balance of convenience, and irreparable injury.[8]
- Used for procedural or administrative orders, including appointment of a receiver or commissioner. Appointment of receivers at the interim stage to prevent waste or dissipation of property has been upheld.[9]
- May seek amendments of pleadings, discovery and inspection, directions to parties, security for costs or interim monetary reliefs to facilitate effective adjudication.
- The applicant files the Notice with details of the relief sought, supporting affidavit, and legal grounds; courts hear both the sides before granting interim relief.
- Commonly used in civil, commercial, family and appellate proceedings before District Courts, High Courts, and the Supreme Court.[10]
- Criminal Cases:
- Used to seek reliefs such as bail applications, quashing of FIRs or charge sheets under Section 528 BNSS,[11] transfer of cases, discharge of the accused, and production of documents or witnesses.
- Filed by the defence or prosecution with details of the relief sought and legal basis. It is served on the opposing party (usually through the Public Prosecutor), and the court considers submissions from both sides before passing an order.
- Though NoM in criminal proceedings is comparatively limited, courts do entertain notice-based applications in appropriate cases, particularly in bail matters heard after notice to the State, as recognised by the Supreme Court in Gurbaksh Singh Sibbia v. State of Punjab.[12] While ex-parte applications are rare except in urgent situations.[13]
PURPOSE & OBJECTIVES
- It clearly informs the other party that an application has been filed against them, specifying the relief claimed, and states when it will be heard, ensuring openness and fairness.
- It gives the other party an adequate opportunity to prepare and place their case before the court prior to any order being passed.
- It helps prevent ex parte orders by ensuring both sides are heard before any decision is made, except in cases of genuine urgency.
- It provides the court with a clear schedule by setting out the hearing date, the nature of the application and the relief sought, thereby enabling the court to manage proceedings efficiently.
- It safeguards natural justice by ensuring that every affected party receives notice and a fair opportunity to be heard before any order is passed, as emphasised by the Supreme Court in Maneka Gandhi v. Union of India.[14]
- It keeps the process open and orderly, ensuring transparency and fairness while building trust in the judicial system.
CONTENTS OF NOTICE OF MOTION
- Name of the Court – This mentions the exact court where the motion is filed, written in bold capital letters to identify the jurisdiction clearly.
- Case / Suit number – It is a unique identification number assigned to the case, along with the year of filing, for easy reference and record-keeping.
- Parties’ names – This states the full names of the applicants/plaintiffs and the respondents/defendants involved in the case.
- Relief sought – This is a clear and concise statement of the order or remedy the applicant is requesting from the court (e.g., summary judgment, an injunction, permission to amend a pleading).
- Grounds for motion – These are the legal and factual reasons that justify why the moving party is entitled to the requested relief and why the court should grant it. This often cites specific laws, rules, or prior court decisions that support the argument.
- Signature and Date – The document must be duly signed by the moving party or their advocate on record to validate it and confirm professional responsibility for presenting the motion before the court.
- Supporting affidavit – It is a sworn statement, usually an affidavit, where the party clearly explains the facts supporting the NoM. It also lists and refers to the documents, affidavits, or exhibits being relied on. Together, these materials help the court understand why the requested relief should be granted.[15]
LEGAL REQUIREMENTS & FILING PROCESS
When filing a NoM in India, specific procedural requirements must be followed to ensure the application is valid and maintainable.[16] These requirements govern the manner of drafting, filing, and service of the notice, and are designed to ensure fairness, transparency, and adequate opportunity for the opposing party to respond before the court hears the matter. Below are the legal requirements for filing a notice of motion:
- Drafting:
The NoM must be drafted with precision, clearly stating the relief sought, relevant facts, and legal grounds.[17] Accuracy and completeness are essential to avoid procedural objections. - Filing:
The drafted notice is filed before the appropriate court registry, such as the Bombay High Court, along with the prescribed court fees and supporting documents or affidavits.[18] - Service:
After filing, the NoM must be properly served on the opposing party or their advocate. This ensures the other side has sufficient time and opportunity to prepare and file a response.[19]
CONCLUSION
The Notice of Motion plays an important role in Indian civil litigation by allowing courts to grant urgent interim relief while safeguarding the right of all parties to be heard. Although the Code of Civil Procedure does not expressly provide for it, the practice has evolved through judicial interpretation to ensure that procedural law does not obstruct the delivery of justice. The Supreme Court in Sangram Singh v. Election Tribunal [20] emphasised that procedural rules are meant to advance justice and should not be applied rigidly. The NoM reflects this approach by offering a structured and transparent method for addressing interim applications, particularly in urgent situations. Its continued use demonstrates the judiciary’s pragmatic response to procedural gaps, supported by inherent powers and High Court rules.
Author(s) Name: Tamizunnisa Shaikh (Advocate, Bombay High Court)
References:
[1] Mulla, The Code of Civil Procedure (15th edn, Vol 1, LexisNexis 2020) 45–46
[2] The Code of Civil Procedure, 1908
[3] The Supreme Court Rules 2013, Order XI
[4] The Bombay High Court (Original Side) Rules 1980
[5] Admin, ‘Notice of Motion’ (Usha Vats & Associates, 8 December 2025)
<https://ushavatsassociates.in/notice-of-motion/> accessed 22 December 2025
[6] Shiv Kumar Chadha v. MCD (1993) 3 SCC 16
[7] Morgan Stanley v. Kartick Das (1994) 4 SCC 225
[8] Dalpat Kumar v. Prahlad Singh (1992) 1 SCC 719
[9] Maharwal Khewaji Trust v. Baldev Dass (2004) 8 SCC 488
[10] Admin, ‘What is the Notice of Motion and how it works in civil and criminal suit?’
(Usha Vats & Associates, 1 June 2025) <https://ushavatsassociates.in/what-is-the-notice-of-motion-and-how- it-works-in-civil-and-criminal-suit/> accessed 23 December 2025
[11] Bharatiya Nagarik Suraksha Sanhita 2023, s 528
[12] Gurbaksh Singh Sibbia v. State of Punjab (1980) 2 SCC 565
[13] Admin, ‘What is the Notice of Motion and how it works in civil and criminal suit?’ (n 10)
[14] Maneka Gandhi v. Union of India [1978] 1 SCC 248 (SC)
[15] The Bombay High Court (Original Side) Rules 1980, form no. 13
[16] Editorial team, ‘Notice of Motion: Understanding Its Importance in the Indian Legal System’ (LawCrust) <https://lawcrust.com/notice-of-motion/> accessed 23 December 2025
[17] The Supreme Court Rules 2013, Order V
[18] Ibid
[19] The Supreme Court Rules 2013, Order XL
[20] Sangram Singh v Election Tribunal Kotah AIR 1955 SC 425 (SC)
